Hong Kong Case Law: Decisions & Judgments

Topic

Adjournment applications

Legal area

Court

3 Oct 2024

MCYP v. CWYW

Citation

[2024] HKFC 187
Court

Family Court
Case number

FCMC11432/2018

Late lodging of CMH bundles and failure to comply with specified deadlines constituted breach of the court's order; settlement negotiations do not justify ignoring case management directions; adjournment was refused as inadequately particularised; no order as to costs was made for the hearing but parties and their solicitors were warned of potential wasted costs orders and referral for disciplinary investigation; active case management directions were given to progress the matter.
12 Jul 2024

RE LEE NIM WAI formerly known as LEE NIM WAI DAVID

Citation

[2024] HKCFI 1843
Court

Court of First Instance
Case number

HCB2582/2024

Bankruptcy order was made because the debtor failed to comply with statutory demands and is therefore deemed unable to pay under s.6A(1)(a) BO; the debtor's late application to file notices out of time was unjustified; the alleged future receipt of funds was speculative, unsupported by documents and not a cash or readily realisable asset in the debtor's hands, so adjournment was refused; costs of the successful later petitioner (Mitsubishi) were ordered to be treated as an expense of the bankruptcy.
26 Jun 2024

NG NIM CHUNG, deceased AND ANOTHER v. NG WING MAN TERRY

Citation

[2024] HKCA 577
Court

Court of Appeal
Case number

CACV367/2022

The Court dismissed the appeal because the Judge did not act perversely or on wrong principle in exercising his discretion under Order 35, r 2: the defendant produced credible new evidence (airline refusal and quarantine arrangements) which justified setting aside the judgment despite a prior refusal to adjourn; the defendant had arguable prospects on the disputed factual issue of beneficial ownership; prejudice to the plaintiffs was manageable and costs orders below should remain, with costs of this appeal to be in the cause of the retrial.
5 Feb 2021

PERLA CITY INVESTMENTS LTD 對香港海星國際文化基金會有限公司

Citation

[2021] HKDC 141
Court

District Court
Case number

DCCJ4/2017

On the balance of probabilities defendant breached lease by failing to pay rent and by carrying out unauthorised alterations without written consent which caused water ingress; plaintiff proved reasonable remediation costs, loss of rental income and surveyor's fee and is entitled to recover arrears, remediation costs, lost rent, surveyor fee, interest and costs; defendant's counterclaim unsupported by evidence is dismissed; adjournment refused for lack of adequate justification.
1 Jun 2020

RE MASTER GLORY GROUP LTD

Citation

[2020] HKCFI 1141
Court

Court of First Instance
Case number

HCCW365/2019

The court refused the adjournment because the Company’s evidence was produced too late and was manifestly inadequate to demonstrate a realistic prospect of settling debts; accordingly a winding-up order was made in HCCW 363/2019, the other two petitions were dismissed, and costs were allocated as ordered.
25 Nov 2016

HKSAR v. NG CHUN WING

Citation

HKSAR v. NG CHUN WING
Court

Court of Appeal
Case number

CACC424/2015

The Court held the evidence (rent payments, receipt of payments, landlady's statements, possession of keys, CCTV/monitor and police testimony) supported the finding that the applicant was the person in charge who permitted storage and had knowledge of the drugs; the trial judge's incorrect direction requiring proof of possession for Count 2 was favourable to the applicant and caused no prejudice; CCTV concerns were resolved by available audio and photographic evidence; the renewal application was without merit and leave was refused; the Court ordered six weeks loss of custody time under s83W(…
20 Nov 2015

HONG KONG TELEVISION NETWORK LTD (formerly known as CITY TELECOM (HK) LTD) AND ANOTHER v. ASIA TELEVISION LTD AND ANOTHER

Citation

HONG KONG TELEVISION NETWORK LTD (formerly known as CITY TELECOM (HK) LTD) AND ANOTHER v. ASIA TELEVISION LTD AND ANOTHER
Court

Court of First Instance
Case number

HCA2217/2012

The court found the broadcasts conveyed imputations that plaintiffs misappropriated ATV confidential materials, acted dishonestly and unethically and obtained unfair advantage; defendants failed to prove justification because plaintiffs' witnesses were credible and there was no evidence of misappropriation; fair comment failed because the underlying facts were not true; accordingly judgment entered for plaintiffs and compensatory damages of HK$1,300,000 awarded, with costs to plaintiffs to be taxed if not agreed.
21 Apr 2015

MGM RESORTS INTERNATIONAL AND OTHERS v. MGM INTERNATIONAL HOTEL GROUP LTD

Citation

MGM RESORTS INTERNATIONAL AND OTHERS v. MGM INTERNATIONAL HOTEL GROUP LTD
Court

Court of First Instance
Case number

HCA2092/2013

Because the defendant failed to file opposing evidence and did not appear, and because the corporate defendant sought adjournment without proper leave or representation, the court refused the adjournment, treated the defendant as absent and was entitled to proceed with the summary judgment application.
18 Jul 2014

陳永霖訴 MTR CORPORATION LTD

Citation

陳永霖訴 MTR CORPORATION LTD
Court

Court of First Instance
Case number

HCMA171/2014

The magistrate's immediate imposition of a $5000 costs order was procedurally improper because there was no enquiry into the appellant's means; having considered the appellant's means and conduct, the proper award to compensate the respondent was $1000, payable within three months, and the $5000 order must be varied accordingly.
25 Oct 2012

香港特別行政區訴林志剛

Citation

香港特別行政區訴林志剛
Court

Court of First Instance
Case number

HCMA127/2012

The appellate court found the trial judge had carefully and reasonably evaluated the totality of evidence, including the audio recording, medical and police evidence, and witness demeanour; the appellant's alternative explanations were implausible and unsupported; therefore the conviction was safe and the appeal was dismissed.